§67(f) lien avoidance
Definitions from Case Law · United States Supreme Court
Definitions from Case Law
From 309 U.S. 294 - Fischer v. Pauline Oil & Gas Co. · 1940Most cited · 129 citing opinions
conditions
Although §67, sub. f, unequivocally declares that the lien shall be deemed null and void, and the property affected by it shall be deemed wholly discharged and released, the section makes it clear that this is so only under specified conditions. At the date of creation of the lien the bankrupt must have been insolvent; the lien must have been acquired within four months of the filing of the petition in bankruptcy; and the property affected must not have been sold to a bona fide purchaser. Furthermore, the lien is preserved if the trustee elects to enforce it for the benefit of the estate. These conditions create issues of fact which the parties are entitled to have determined judicially.
How often courts cite the case defining “§67(f) lien avoidance”
Court decisions citing the opinion that defined “§67(f) lien avoidance” — 129 in all, by decade. Counts are citations to the defining case as a whole, not verified uses of the term. The dip in the most recent years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the latest years.
All 2 definitions, chronological · 1940–1940
- ORIGINAL
the section is intended for the benefit of creditors of the bankrupt and, therefore, does not avoid liens as against all the world but only as against the trustee and those claiming under him.
scope